END USER LICENSE AGREEMENT FOR TRIMBLE MOBILE MANAGER (for Android)
If you click to accept this EULA or download, install or use the Software (as defined below), you are agreeing to be bound by the terms of this EULA.
- Introduction. This End User License Agreement for Trimble Mobile Manager (this "EULA") is between Trimble Inc., a Delaware corporation, and its affiliates ("Trimble" or "we") and the individual or entity that has downloaded or procured the Software ("Customer" or "you"). If you are an individual accepting this EULA on behalf of Customer, you represent and warrant that you have full legal authority to bind Customer to this EULA.
- The Software and Trimble Catalyst.
- . The software provided with this EULA (the "Software") is Trimble Mobile Manager, which is designed to enable you to receive corrections that improve the accuracy of location data ("Corrections") on compatible devices that you own or control ("Your Devices").
- . In order to receive any Corrections, you must use Trimble's Catalyst antenna hardware (the "Catalyst DA1") with your device. The Catalyst DA1 is not part of the Software and must be purchased separately. You acknowledge that if you use the Catalyst DA1 with the Software but are not a customer of the Catalyst Service (as defined below), the functionality of the Software (including without limitation the accuracy of the Corrections) may be limited.
- . If you have purchased a subscription to Trimble's Catalyst geolocation service (the "Catalyst Service"), then you may be able to receive enhanced Corrections using the Software. In order to receive Corrections based on the Catalyst Service through the Software, you must enter into a separate agreement with Trimble for use of the Catalyst Service ("Catalyst Service Agreement"). For the avoidance of doubt, this EULA applies solely in relation to the Software itself and not to any other use of the Catalyst Service.
- Your License Right. Subject to the terms and conditions of this EULA, Trimble grants you a non-exclusive, non-transferable, non-sublicenseable license to install and use the Software on Your Devices, solely as permitted in this EULA.
- Updates, Documentation and Support. We may provide updates or upgrades to the Software ("Updates"), which will be included in the term "Software." In certain cases, we may require you to download Updates to continue to use the Software. Any Software-specific documentation we provide is also included in the term "Software". Support for the Software is available at https://catalyst.trimble.com.
- Fees. We currently offer the Software at no charge, but reserve the right to charge a fee in the future for continued use of the Software (and will update this EULA accordingly).
- Modifications to EULA. Trimble may update or revise this EULA from time-to-time, with notice given to you by email or through the Software itself. If you do not agree to the modified EULA, your sole and exclusive remedy is to cease using the Software and terminate this EULA.
- Restrictions. You will not: (i) reproduce, modify, create derivative works of, distribute, sublicense or transfer the Software; (ii) use the Software for the benefit of any third party; (iii) circumvent mechanisms in the Software intended to limit your use; (iv) reverse engineer, disassemble, decompile, or translate the Software, or attempt to derive the source code of the Software, except as permitted by law; (v) use the Software except as expressly permitted herein; (vi) remove or obscure any proprietary or other notices contained in the Software; (vii) publicly disseminate information regarding the performance of the Software or (viii) permit a third party to do any of (i) through (vii).
- Ownership. Each copy of the Software is licensed, not sold. Trimble and its licensors have and retain all right, title and interest in the Software (including all intellectual property rights).
- Termination. You may terminate this EULA at any time by ceasing all use of the Software. Trimble may terminate this EULA immediately if (i) you breach this EULA or (ii) any aspect of this EULA is limited by law or third party terms of service. Upon termination of this EULA by Trimble, your license to the Software will automatically terminate and you must cease using the Software. The following will survive termination: Sections 7 (Restrictions), 8 (Ownership), 9 (Termination), 10 (Disclaimers), 11 (Limitation of Liabilities), 12 (Data Collection), 13 (Export Compliance; Compliance with Laws), 14 (Third-Party Software) and 15 (General).
- Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND TRIMBLE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE, THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED OR THAT ANY DATA (INCLUDING WITHOUT LIMITATION ANY CORRECTIONS) PROVIDED OR USED WITH THE SOFTWARE WILL BE ACCURATE, COMPLETE OR TIMELY. TRIMBLE SHALL NOT BE LIABLE IN ANY MANNER FOR THE CORRECTIONS OR YOUR RELIANCE ON THEM, AND ANY USE OF OR RELIANCE ON THE CORRECTIONS IS AT YOUR OWN RISK. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Limitation of Liabilities. IN NO EVENT WILL TRIMBLE OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER THIS EULA FOR (I) ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (II) AMOUNTS EXCEEDING ONE HUNDRED DOLLARS (US$100). THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Export Compliance; Compliance with Laws.
- You acknowledge that the Software may be subject to export restrictions by the United States government and import restrictions by certain foreign governments. You shall not, and shall not allow any third party to, remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You agree to the foregoing and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
- You are responsible for complying with all applicable laws, regulations and codes of practice in your use of the Software.
- Third-Party Software. The Software may contain or be provided with certain third-party components (including without limitation software subject to open source and third party license terms) (“Third Party Offerings”). If Trimble notifies Customer of any additional end user terms or open source or third party licenses (including, without limitation, in the Product Terms) for use of such products and services (“Third Party Terms”), then Customer agrees to comply with such Third Party Terms. Any noncompliance by Customer with any Third Party Terms will be deemed a material breach of the Agreement. NEITHER TRIMBLE NOR TRIMBLE’S SUPPLIERS OFFER ANY WARRANTY IN CONNECTION WITH ANY THIRD PARTY OFFERINGS AND NEITHER TRIMBLE NOR ITS SUPPLIERS WILL BE LIABLE TO CUSTOMER FOR SUCH THIRD PARTY OFFERINGS. In the event of a conflict between this Agreement and any Third Party Terms, the Third Party Terms will control with regard to Customer’s use of the relevant Third Party Offerings. The applicable Third Party Terms with respect to the Software (including, without limitation, any open source software) are listed at https://catalyst.trimble.com/legal/thirdpartyterms.html, as may be updated from time to time and which are incorporated into this Agreement by this reference.
- General. Trimble may provide you with required or permitted notices via email or through the Software, as determined by Trimble in its discretion. Any notices you give to Trimble under this EULA will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to the address for Trimble set forth below. The parties to this EULA are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. This EULA will be construed in accordance with the laws of the State of California, USA without reference to its choice of law provisions and without regard to the United Nations Convention on the International Sale of Goods. The Federal and State courts located in Santa Clara County, California will be the exclusive venue for any claim or dispute between the parties or against any agent, employee, successor or assign of the other related to this EULA and the parties hereby consent to the personal jurisdiction of those courts for such purposes. The prevailing party in any dispute under this EULA will be entitled to its costs and reasonable attorneys' fees. If any provision of this EULA is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This EULA will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign or transfer this EULA or any rights hereunder, and any attempted assignment or transfer in violation of the foregoing will be void. Trimble may freely assign or transfer its rights or obligations hereunder at its sole discretion. No provision of this EULA will be deemed waived unless the wavier is in writing and signed by Trimble. Except as set forth in Section 5 (Modifications to EULA), all amendments to this EULA must be in writing and signed by both parties. This EULA is the entire agreement between you and Trimble with respect to its subject matter and supersedes any prior agreements relating to such subject matter. The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by this EULA in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited. Trimble will not be liable to Customer in any way whatsoever for any failure or delay in performance of any of its obligations under this EULA arising out of any event or circumstance beyond the reasonable control of Trimble.
- Trimble Contact Information. If you have any questions, complaints or claims regarding the Software, please contact us at:
935 Stewart Drivev Sunnyvale, CA 94085